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TENDER NO KP1/9A.2/OT/21/ADM/20-21
FOR PROVISION OF CLEANING SERVICES
COMPANYWIDE
DECEMBER 2020
ALL TENDERERS ARE ADVISED TO READ CAREFULLY
THIS TENDER DOCUMENT IN ITS ENTIRETY BEFORE
MAKING ANY BID
LOT I PREMISES/OFFICES
(E-PROCUREMENT TENDER OPENING SYSTEM)
(ENSURE TO READ THE APPENDIX TO INSTRUCTIONS TO TENDERERS)
THE KENYA POWER & LIGHTING COMPANY LIMITED
CENTRAL OFFICE, STIMA PLAZA,
KOLOBOT ROAD, PARKLANDS,
P.O. BOX 30099-00100,
NAIROBI,
KENYA.
Telephones: +254-020-3201000; 3644000 Pilot Lines
Telephones: +254 -720-600070/1-5; -733-755001/2-3 Cellular
Website: www.kplc.co.ke
E-Mail 1: [email protected]
E-mail 2: [email protected]
E-mail 3: [email protected]
http://www.kplc.co.ke/mailto:[email protected]:[email protected]:[email protected]
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
2
TABLE OF CONTENTS
SECTION I - INVITATION TO TENDER .................................................. Error! Bookmark not defined.
SECTION II - TENDER SUBMISSION CHECKLIST ................................................................................. 5
SECTION III - INSTRUCTIONS TO TENDERERS (ITT) .......................................................................... 9
SECTION IV - SCHEDULE OF REQUIREMENTS ...................................................................................28
SECTION V - PRICE SCHEDULE FOR SERVICES .................................................................................31
SECTION VI - EVALUATION CRITERIA.................................................................................................34
SECTION VII – GENERAL CONDITIONS OF CONTRACT ...................................................................40
SECTION VIII – SPECIAL CONDITIONS OF CONTRACT ....................................................................50
SECTION XVII A - PERFORMANCE SECURITY FORM (BANK GUARANTEE) ...............................73
SECTION XVIII – SUBCONTRACTORS ...................................................................................................77
SECTION XIX - PREVIOUS EXPERIENCE WITH SIMILAR WORK ....................................................78
SECTION X - SUPPLIER EVALUATION FORM......................................................................................79
SECTION XI - THE DETAILS OF SERVICES...........................................................................................82
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
3
SECTION I - INVITATION TO TENDER
DATE:8TH DECEMBER 2020
TENDER NO: KP1/9A.2/OT/21/ADM/20-21 FOR PROVISION OF CLEANING
SERVICES COMPANYWIDE LOT I
1.1 The Kenya Power & Lighting Company Limited hereinafter referred to KPLC
invites bids from eligible Tenderers for Provision of Cleaning of Services
companywide Lot I. Interested eligible Tenderers may obtain further information
from the General Manager- Supply Chain, The Kenya Power & Lighting
Company Ltd at Stima Plaza, 3rd Floor, Kolobot Road, P.O. Box 30099 – 00100
Nairobi, Kenya.
1.2 Obtaining tender documents.
1.2.1 Tender documents detailing the requirements may be obtained from the KPLC E-
Procurement Portal .
1.2.2 Prospective bidders may also download the tender document from KPLC’s
website (www.kplc.co.ke) free of charge.
1.3 Submission of Tender documents
Completed Tenders are to be submitted in electronic format on the KPLC’s E-
procurement portal on the due date and time published on the portal. Tenderers
are required to visit the portal from time to time for revised closing dates and
addendums. The Tender is to be submitted ONLINE on or before the submission
date and time indicated on the KPLC tendering portal. Closing date of this
tender shall be on 30th December 2020 at 10:00am.
1.4 Prices
Prices quoted should be inclusive of all taxes and delivery costs to the required
site (where applicable) and must be in Kenya Shillings or a freely convertible
currency in Kenya and shall remain valid for one hundred and Eighty (180) days
from the closing date of the tender.
Please note that prices indicated on the KPLC tendering portal should be
exclusive of VAT.
http://www.kplc.co.ke/
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
4
1.5 1.5 Opening of submitted Tenders
Tenders will be opened promptly thereafter in the presence of the Tenderer’s or
their representatives who choose to attend at KPLC Auditorium, Stima Plaza,
Kolobot Road, Parklands, Nairobi.
1.6 Pre-bid meeting
There will be no pre-bid meeting for this tender due to covid-19 regulations.
Bidders are advised to go through tender thoroughly before bidding.
1.7 Bidders are required to bid for Two (2) regions only.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
5
SECTION II - TENDER SUBMISSION CHECKLIST
Tender Submission Format
Bidders are advised to clearly label their documents while uploading on the portal.
No. Item Tick Where
Provided
1 Tender Security – Bank Guarantee or Letters of Credit (issued by
Banks Licensed by the Central Bank of Kenya), Guarantee by a
deposit taking Microfinance Institution, Sacco Society, the Youth
Enterprise Development Fund or the Women Enterprise Fund.
2 Declaration Form
3 Duly completed Tender Form
4 Certificate of Confirmation of Directors and Shareholding
(C.R.12) for registered companies and if not a registered company
a business name for those trading as a sole proprietor or a
partnership registered under the Kenyan law or equivalent
certification for foreign tenderers
5* Copy of PIN Certificate
6* Copy of Valid Tax Compliance Certificate
7 Confidential Business Questionnaire (CBQ)
8* Certificate of Confirmation of Directors and Shareholding (C.R.
12) or equivalent (for foreign tenderers)
9 Names with full contact as well as physical addresses of previous
customers of similar goods and reference letters from at least 4
previous customers
10 Statement on Deviations
11 Price Schedule(s)
12 Schedule of requirements duly filled indicating services offered
13
Audited Financial Statements. The audited financial statements
required must be those that are reported within eighteen (18)
calendar months of the date of the tender document.
14 Any other document or item required by the Tender Document.
(The Tenderer shall specify such other documents or items it has
submitted)
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
6 *NOTES TO TENDERERS
1. Valid Tax Compliance Certificate shall be one issued by the relevant tax
authorities and valid for at least up to the tender closing date. All Kenyan
Registered Tenderers must provide a valid Tax Compliance Certificate.
2. All Kenyan Registered Tenderers must provide the Personal Identification
Number Certificate (PIN Certificate).
3. Foreign Tenderers must provide equivalent documents from their country of
origin as regards Tax Compliance and PIN certificates OR statements certifying
that the equivalent documentation is not issued in the Tenderer’s country of
origin. The Statement(s) that equivalent documentation is not issued by the
Tenderer’s country should be original and issued by the Tax authorities in the
Tenderer’s country of origin.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
7
TABLE OF PARAGRAPHS ON INSTRUCTIONS TO TENDERERS
Paragraph No. Headings Page No.
3.1 Definitions…………………………………………..…….…………..9
3.2 Eligible Tenderers………………………………………...………….10
3.3 Joint Venture…………………………………………………………11
3.4 Cost of Tendering ………………………………………...………….12
3.5 Contents of the Tender Document……………………………………12
3.6 Clarification of Documents………………………………...…………13
3.7 Amendment of Documents……………………………….…………...13
3.8 Language of Tender.……………………………………...….………..13
3.9 Documents Comprising the Tender.……………………...…………...14
3.10 Tender Form……………………………………………...……………14
3.11 Tender Prices ……………………………………………...…………..14
3.12 Tender Currencies……………………………………….…..…………15
3.13 Tenderer’s Eligibility and Qualifications……………….…..………….15
3.14 Conformity of Services to Tender Documents………………...……….16
3.15 Demonstration(s), Inspections and Tests…………….…………………16
3.16 Warranty………………………………………………………………...17
3.17 Tender Security……………………………………….…….…………..17
3.18 Validity of Tenders …………………………………….…..…………...19
3.19 Alternative Offers.…………………………………….…….…………..19
3.20 Preparation and Signing of The Tender…………………..……………..19
3.21 Deadline for Submission of Tender...…………………….….………….20
3.22 Modification and Withdrawal of Tenders……………….………………20
3.23 Opening of Tenders………………………………………….………......20
3.24 Process To Be Confidential……………………………………………...20
3.25 Clarification of Tenders and Contacting KPLC…………………………21
3.26 Preliminary Evaluation and Responsiveness………….………................21
3.27 Minor Deviations, Errors or Oversights…………………………………22
3.28 Technical Evaluation and Comparison of Tenders…..……………….....22
3.29 Financial Evaluation……………………………………………………..22
3.30 Preferences……………………………………………………………….22
3.31 Debarment of a Tenderer………………………………….……………..23
3.32 Confirmation of Qualification for Award………………………………..23
3.33 Award of Contract….……………………..……………………………..24
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
8
3.34 Termination of Procurement Proceedings……………………………….24
3.35 Notification of Award……………………………………………………24
3.36 Signing of Contract………………………………………………………24
3.37 Performance Security ……………………………………………………25
3.38 Corrupt or Fraudulent Practices……..…………………………………...26
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
9 SECTION III - INSTRUCTIONS TO TENDERERS (ITT)
3.1 Definitions
In this tender, unless the context or express provision otherwise requires: -
a) Any reference to any Act shall include any statutory extension,
amendment, modification, re-amendment or replacement of such Act and
any rule, regulation or order made there-under.
b) “Date of Tender Document” shall be the start date specified on the KPLC
tendering portal.
c) “Day” means calendar day and “month” means calendar month.
d) “KEBS” wherever appearing means the Kenya Bureau of Standards or its
successor(s) and assign(s) where the context so admits.
e) “KENAS” wherever appearing means the Kenya National Accreditation
Service or its successor(s) and assign(s) where the context so admits
f) “PPRA” wherever appearing means The Public Procurement Regulatory
Authority or its successor(s) and assign(s) where the context so admits.
g) Reference to “the tender” or the “Tender Document” includes its
appendices and documents mentioned hereunder and any reference to this
tender or to any other document includes a reference to the other
document as varied supplemented and/or replaced in any manner from
time to time.
h) “The Procuring Entity” means The Kenya Power and Lighting Company
Limited or its successor(s) and assign(s) where the context so admits
(hereinafter abbreviated as KPLC).
i) “The Tenderer” means the person(s) submitting its Tender for the supply,
installation and commissioning (where applicable) of the goods in
response to the Invitation to Tender.
j) Where there are two or more persons included in the expression the
“Tenderer”, any act or default or omission by the Tenderer shall be
deemed to be an act, default or omission by any one or more of such
persons.
k) Words importing the masculine gender only, include the feminine gender
or (as the case may be) the neutral gender.
l) Words importing the singular number only include the plural number and
vice-versa and where there are two or more persons included in the
expression the “Tenderer” the covenants, agreements and obligations
expressed to be made or performed by the Tenderer shall be deemed to be
made or performed by such persons jointly and severally.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
10 m) KPLC’s “authorize person” shall mean its MD & CEO who is
designated by the PPAD Act 2015 to exercise such power, authority or
discretion as is required under the tender and any contract arising
therefrom, or such other KPLC staff delegated with such authority.
n) Citizen contractors-means a person/firm wholly owned and controlled by
person(s) who are citizens of Kenya.
o) Local contractors- a firm shall be qualified as a local contractor if it is
registered in Kenya.
3.2 Eligible Tenderers
3.2.1 A tenderer is eligible to bid for this contract only if the tenderer satisfies the
following criteria—
(a) the tenderer has the legal capacity to enter into a contract for
procurement or asset disposal;
(b) the tenderer is not insolvent, in receivership, bankrupt or in the process
of being wound up;
(c) the tenderer, if a member of a regulated profession, has satisfied all the
professional requirements;
(d) the tenderer and his or her sub-contractor, if any, is not debarred;
(e) the tenderer has fulfilled tax obligations;
(f) the tenderer has not been convicted of corrupt or fraudulent practices;
and
(g) is not guilty of any serious violation of fair employment laws and
practices.
In addition, this Invitation to Tender is open to all Tenderers eligible as described
in the
Appendix to Instructions to Tenderers.
Successful Tenderers shall supply the goods in accordance with this tender and
the ensuing contract.
3.2.2 In addition the tenderer shall be considered ineligible to bid, where in
case of a corporation, private company, partnership or other body, the tenderer,
their spouse, child or sub-contractor has substantial or controlling
interest and is found to be in contravention of the provisions of section 3.2.1
above.
3.2.5 Despite the provisions of section 3.2.3 and 3.2.4, a tenderer having a
substantial or controlling interest shall be eligible to bid where—
(a) such tenderer has declared any conflict of interest; and
(b) performance and price competition for that good, work or service is
not available or can only be sourced from that tenderer.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
11 3.2.6 For the purposes of this paragraph, any relative i.e. spouse(s) and child(ren) of
any person mentioned in sub-paragraph 3.2.3 is also ineligible to participate in the
tender. In addition, a Cabinet Secretary shall include the President, Deputy
President or the Attorney General of GoK.
3.2.7 Tenderers shall provide the qualification information statement that the Tenderer
(including subcontractors) is not associated, or have been associated in the past,
directly or indirectly, with a firm or any of its affiliates which have been engaged
by KPLC to provide consulting services for the preparation of the design,
specifications, and other documents to be used for the procurement of the goods
under this Invitation to Tender.
3.2.8 Tenderers shall not be under declarations as prescribed at Section XIII.
3.2.9 Tenderers who are not under these declarations shall complete the Declaration
Form strictly in the form and content as prescribed at Section XIII.
3.2.10 Those that are under the Declaration as prescribed at Section XIII whether
currently or in the past shall not complete the Form. They will submit a suitable
Form giving details, the nature and present status of their circumstances.
3.3 Joint Venture
3.3.1 Tenders submitted by a joint venture of two or more firms, as partners shall
comply with the following requirements: -
a) the Tender Form and in case of a successful tender, the Contract
Agreement Form, shall be signed so as to be legally binding on all partners
of the joint venture.
b) one of the partners shall be nominated as being lead contractor, and this
authorization shall be evidenced by submitting a Power of Attorney signed
by legally authorized signatories of all the partners.
c) The Power of Attorney which shall accompany the tender, shall be granted
by the authorized signatories of all the partners as follows: -
(i.) for local bidders, before a Commissioner of Oaths or a Notary
Public or Magistrate of the Kenyan Judiciary.
(ii.) for a foreign bidder, before a Notary Public, or the equivalent of a
Notary Public, and in this regard the bidder shall provide
satisfactory proof of such equivalence.
d) the lead contractor shall be authorized to incur liability and receive
instructions for and on behalf of any and all the partners of the joint
venture and the entire execution of the contract including payment shall be
done exclusively with the lead contractor.
3.3.2 All partners of the joint venture shall be liable jointly and severally for the
execution of the contract in accordance with the contract terms, and a relevant
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
12 statement to this effect shall be included in the authorization mentioned in
paragraph 3.3.1 (b) above as well as in the Form of Tender and the Contract
Agreement Form (in case of the accepted tender).
3.3.3 A copy of the agreement entered into by the joint venture partners shall be
submitted with the tender.
3.4 Cost of Tendering
3.4.1 The Tenderer shall bear all costs associated with the preparation and submission
of its Tender, and KPLC will in no case be responsible or liable for those costs,
regardless of the conduct or outcome of the tendering process.
3.5 Contents of the Tender Document
3.5.1 The Tender Document comprises the documents listed below and Addendum
(where applicable) issued in accordance with paragraph 3.7 of these Instructions
to Tenderers: -
a) Invitation to Tender
b) Tender Submission Checklist
c) Instructions to Tenderers
d) Appendix to Instructions to Tenderers
e) Schedule of Requirements
f) Project Implementation Schedule
g) Price Schedule for Services
h) Evaluation Criteria
i) General Conditions of Contract
j) Special Conditions of Contract
k) Tender Form
l) Confidential Business Questionnaire Form
m) Tender Security Form
n) Manufacturer’s Authorization Form
o) Manufacturer’s Warranty
p) Declaration Form
q) Contract Form
r) Performance Security Form
s) Details of Service
(i.) General Requirements
(ii.) Specific Details of Services
3.5.2 The Tenderer is expected to examine all instructions, forms, provisions, terms and
specifications in the Tender Document. Failure to furnish all information required
by the Tender Document or to submit a tender not substantially responsive to the
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
13 Tender Document in every respect will be at the Tenderer’s risk and may
result in the rejection of its Tender.
3.5.3 All recipients of the documents for the proposed Contract for the purpose of
submitting a tender (whether they submit a tender or not) shall treat the details of
the documents as “Private and Confidential”.
3.6 Clarification of Documents
A prospective Tenderer requiring any clarification of the Tender Document may
notify the General Manager Supply Chain in writing and ensure receipt is
acknowledged at KPLC’s Physical address indicated on the Tender Document.
KPLC will respond in writing to any request for clarification of the Tender
documents, which it receives not later than seven (7) days prior to the deadline for
the submission of Tenders, prescribed by KPLC. Written copies of KPLC’s
response (including an explanation of the query but without identifying the source
of inquiry) will be published and accessible to all prospective Tenderers on the
KPLC’s tendering portal.
3.7 Amendment of Documents
3.7.1 At any time prior to the deadline for submission of Tenders, KPLC, for any
reason, whether at its own initiative or in response to a clarification requested by a
prospective Tenderer, may modify the tender documents by amendment.
3.7.2 All prospective Tenderers that have registered in the portal for the Tender will be
notified of the amendment(s) (hereinafter referred to or otherwise known as
addendum) in writing and will be binding on them.
3.7.3 In order to allow prospective Tenderers reasonable time in which to take the
amendment into account in preparing their Tenders, KPLC, at its discretion, may
extend the deadline for the submission of Tenders.
3.8 Language of Tender
The Tender prepared by the Tenderer, as well as all correspondence and
documents relating to the tender, exchanged between the Tenderer and KPLC,
shall be written in English language. Any printed literature furnished by the
Tenderer written in any other language shall be accompanied by an accurate
English translation of the relevant passages, in which case, for purposes of
interpretation of the Tender, the English translation shall govern. The English
translation shall be on the Tenderer’s letterhead and shall be signed by the duly
authorized signatory signing the Tender and stamped with the Tenderer’s stamp.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
14
3.9 Documents Comprising the Tender
The Tender prepared and submitted by the Tenderers shall include but not be
limited to all the following components: -
a) Declaration Form, Tender Form and a Price Schedule completed in
compliance with paragraphs 3.2, 3.10, 3.11 and 3.12.
b) Documentary evidence established in accordance with paragraph 3.13
that the Tenderer is eligible to tender and is qualified to perform the
contract if its tender is accepted.
c) Documentary evidence established in accordance with paragraph 3.14
that the services and any ancillary thereto to be provided by the Tenderer
conform to the tender documents, and,
d) Tender Security furnished in accordance with paragraph 3.17
e) A detailed list of previous customers as prescribed for similar services on
tender and their contact addresses shall be submitted with the Tender for
the purpose of reference, or for evaluation where the Details of Service so
dictate.
f) And all other documents indicated in Section II (Tender Submission
Checklist)
3.10 Tender Form
The Tenderer shall complete and sign the Tender Form and all other documents
furnished in the Tender Document, indicating the services to be performed, a brief
description of the services, quantity (where applicable), and prices amongst other
information required.
3.11 Tender Prices
3.11.1 The Tenderer shall indicate on the appropriate Price Schedule, the unit prices
(where applicable) and total tender price of the services it proposes to provide
under the contract.
3.11.2 Prices indicated on the Price Schedule shall be of all costs for the services
including insurances, duties, Value Added Tax (V.A.T) and other taxes payable.
No other basis shall be accepted for evaluation, award or otherwise.
3.11.3 Tender prices to be submitted (quoted) by the Tenderer shall remain fixed for
the contract duration.
3.11.4 A price that is derived by a disclosed incorporation or usage of an international
accepted standard formula shall be acceptable within the meaning of this
paragraph.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
15 3.12 Tender Currencies
3.12.1 For goods that the local Tenderer will supply from within or outside Kenya, the
prices shall be quoted in Kenya Shillings, but for good supplied by overseas
Tenderer from outside Kenya they may either in Kenya shillings or in another
freely convertible currency in Kenya. The currency quoted must be indicated
clearly on the Price Schedule of Goods.
3.12.2 The exchange rate to be used for currency conversion shall be the Central Bank of
Kenya selling rate ruling on the Tender closing date.
3.13 Tenderer’s Eligibility and Qualifications
3.13.1 Pursuant to paragraph 3.2, the Tenderer shall furnish, as part of its Tender,
documents establishing the Tenderer’s eligibility to tender and its qualifications to
perform the contract if its Tender is accepted.
3.13.2 The documentary evidence of the Tenderer’s qualifications to perform the
contract if its Tender is accepted shall be established to KPLC’s satisfaction –
a) that, in the case of a Tenderer offering to perform the services under the
contract which the Tenderer is not the Principal, the Tenderer has been
duly authorized by the Manufacturer, Principal or Producer to provide the
services. The authorization shall strictly be in the form and content as
prescribed in the Manufacturer’s or Principal’s Authorization Form in the
Tender Document
b) that the Tenderer has the financial capability necessary to perform the
contract. The Tenderer shall be required to provide the documents as
specified in the Appendix to Instructions to Tenderers including a current
Tax Compliance Certificate issued by the relevant tax authorities.
c) that the Tenderer has the technical and production capability necessary to
perform the contract.
d) that, in the case of a Tenderer not doing business within Kenya, the
Tenderer is or will be (if awarded the contract) represented by an agent in
Kenya equipped, and able to carry out the Tenderer’s maintenance,
repair, spare parts and stocking obligations prescribed in the Conditions
of Contract and or in the Details of Service.
e) that the Tenderer is duly registered and is a current member of a
recognized body or institution accredited and or pertaining to that service.
3.13.3 The Tenderer will furnish KPLC with a copy of the accreditation or recognition
certificate as applicable. KPLC reserves the right to subject the certificate to
authentication.
3.13.4 Tenderers with a record of unsatisfactory or default in performance obligations in
any contract shall not be considered for evaluation or award. For the avoidance of
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
16 doubt, this shall include any Tenderer with unresolved case(s) in its
obligations for more than two (2) months in any contract.
3.14 Conformity of Services to Tender Documents
3.14.1 The Tenderer shall furnish, as part of its tender, documents establishing the
conformity to the Tender Document of all services that the Tenderer proposes to
perform under the contract.
3.14.2 The documentary evidence of conformity of the services to the Tender Document
may be in the form of literature, drawings, and data, and shall (where applicable)
consist of: -
a) a detailed description of the essential technical and performance
characteristics of the services whether in catalogues, drawings or
otherwise,
b) a list giving full particulars, including available source and current prices
of spare parts, special tools and other incidental apparatus necessary for
the proper and continuing performance of the services for a minimum
period of two (2) years following commencement of the provision of the
services to KPLC, and,
c) duly completed Statement of Compliance to KPLC’s Details of Service
demonstrating substantial responsiveness of the service to those Details
or, a statement of deviations and exceptions to the provisions of the
Details of Service.
3.14.3 For purposes of the documentary and other evidence to be furnished pursuant to
sub-paragraphs 3.14.1, 3.14.2 and paragraph 3.15, the Tenderer shall note that
standards for workmanship, material, and equipment, designated by KPLC in its
Details of Service are intended to be descriptive only and not restrictive. The
Tenderer may adopt higher standards in its Tender, provided that it demonstrates
to KPLC’s satisfaction that the substitutions ensure substantial equivalence to
those designated in the Details of Service.
3.15 Demonstration(s), Inspection(s) and Test(s)
3.15.1 Where required in the tender, all Tenderers shall demonstrate ability of
performance of the required service in conformity with the Details of Services.
3.15.2 KPLC or its representative(s) shall have the right to inspect/ test the Tenderer’s
capacity, equipment, premises, and to confirm their conformity to the tender
requirements. This shall include the quality management system. KPLC’s
representative(s) retained for these purposes shall provide appropriate
identification at the time of such inspection/ test.
3.15.3 KPLC shall meet its own costs of the inspection/ test. Where conducted on the
premises of the Tenderer(s), all reasonable facilities and assistance, including
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
17 access to drawings and production data, shall be furnished to the inspectors at
no charge to KPLC.
3.15.4 Demonstration, Inspection/ Test Report(s) shall be completed upon conclusion of
the inspection/ tests. This Report will be considered at time of evaluation and or
award.
3.16 Warranty
3.16.1 Where required in the Tender, all Tenderers must also provide a Warranty that
services to be rendered in the Tenderer’s bid have no defect arising from
manufacture, materials or workmanship or from any act or omission of the
Tenderer that may develop under normal use or application of the services under
the conditions obtaining in Kenya.
3.16.2 This warranty will remain valid for the period indicated in the special conditions
of contract after the services, or any portion thereof as the case may be, have been
rendered.
3.17 Tender Security
3.17.1 The Tenderer shall furnish, as part of its Tender, a tender security for the amount
specified in the Appendix to Instructions to Tenderers. The Original Tender
Security, in a clearly labelled envelop with tender number and name, shall be
deposited in the Tender Security Box on 3rd Floor, Procurement entrance on or
before the opening date.
3.17.2 The tender security shall be either one or a combination of the following: -
a) an original Bank Guarantee that is strictly in the form and content as
prescribed in the Tender Security Form (Bank Guarantee) in the Tender
Document.
b) For Local bidders, Standby Letters of Credit (LC). All costs, expenses and
charges levied by all banks party to the LC shall be prepaid/borne by the
Tenderer. The LC must contain all the mandatory conditions of payment
to KPLC as prescribed in the Tender Security (Letters of Credit) provided
in the Tender Document.
c) For Foreign bidders, Standby Letters of Credit (LC) confirmed by a bank
in Kenya. All costs, expenses and charges levied by all banks party to the
LC including confirmation charges shall be prepaid/borne by the Tenderer.
The LC must contain all the mandatory conditions of payment to KPLC as
prescribed in the Tender Security (Letters of Credit) provided in the
Tender Document.
d) An original Guarantee by a deposit taking Microfinance Institution, Sacco
Society, Youth Enterprise Development Fund or the Women Enterprise
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
18 Fund, that is strictly in the form and content as prescribed in the
Tender Security Form
3.17.3 The tender security is required to protect KPLC against the risk of the Tenderer’s
conduct which would warrant the security’s forfeiture pursuant to paragraph
3.17.10.
3.17.4 The Tender Security shall be denominated in Kenya Shillings or in another freely
convertible currency in Kenya. A Tender Security in form of a Bank Guarantee or
a Standby Letter of Credit issued on behalf of local bidders, should be from a
commercial bank licensed by the Central Bank of Kenya. A Tender Security in
form of a Standby Letter of Credit issued on behalf of foreign bidders by foreign
banks, should be confirmed by a commercial bank licensed by the Central Bank
of Kenya.
3.17.5 The Tender Security shall be valid for thirty (30) days beyond the validity of the
tender.
3.17.6 KPLC shall seek authentication of the Tender Security from the issuing bank. It is
the responsibility of the Tenderer to sensitize its issuing bank on the need to
respond directly and expeditiously to queries from KPLC. The period for response
shall not exceed five (5) days from the date of KPLC’s query. Should there be no
conclusive response by the bank within this period, such Tenderer’s Tender
Security may be deemed as invalid and the bid rejected.
3.17.7 Any Tender not secured in accordance with this paragraph will be rejected by
KPLC as non-responsive, pursuant to paragraph 3.26.
3.17.8 The unsuccessful Tenderer’s Tender Security will be released as promptly as
possible, in any of the following circumstances: -
a) the procurement proceedings are terminated
b) KPLC determines that none of the submitted Tenders is responsive
c) a contract for the procurement is entered into.
3.17.9 The successful Tenderer’s Tender Security will be released upon the successful
Tenderer’s signing the contract, pursuant to paragraph 3.39 and furnishing an
authentic Performance Security, pursuant to paragraph 3.40.
3.17.10 The Tender Security shall be forfeited –
a) if the Tenderer withdraws its Tender after the deadline for submitting
Tenders but before the expiry of the period during which the Tenders must
remain valid
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
19 b) if the Tenderer fails to enter into a written contract in accordance with
paragraph 3.39
c) if the successful Tenderer fails to furnish the performance security in
accordance with paragraph 3.40
d) if the Tenderer fails to extend the validity of the tender security where
KPLC has extended the tender validity period in accordance with
paragraph 3.18.
3.18 Validity of Tenders
3.18.1 Tenders shall remain valid for One Hundred & Eighty (180) days after the date of
tender opening as specified in the Invitation to Tender or as otherwise may be
prescribed by KPLC, pursuant to paragraph 3.23. A Tender that is valid for a
shorter period shall be rejected by KPLC as non-responsive.
3.18.2 In exceptional circumstances, KPLC may extend the Tender validity period. The
extension shall be made in writing. The tender security provided under paragraph
3.17 shall also be extended. A Tenderer shall not be required nor permitted to
modify its tender during the extended period
3.19 Alternative Offers
Only main offers shall be considered, as alternative offers are not acceptable.
3.20 Preparation and Signing of the Tender
3.20.1 The Tender shall be typed or written in indelible ink. It shall be signed by the
Tenderer or a person or persons duly authorized to bind the Tenderer to the
contract.
3.20.2 The authorization shall be indicated by a written Power of Attorney granted by
the Tenderer to the authorized person before any of the following persons: -
a) For local Tenderers, a Commissioner of Oaths or a Notary Public or a
Magistrate of the Kenyan Judiciary.
b) For foreign Tenderers, a Notary Public in the country of the Tenderer.
In either case above, the Power of Attorney shall accompany the Tender.
3.20.3 All pages of the Tender, including un-amended printed literature, shall be initialed
by the person or persons signing the Tender and serially numbered.
3.20.4 The Tender shall have no interlineations, erasures, or overwriting except as
necessary to correct errors made by the Tenderer, in which case such corrections
shall be initialed by the person or persons signing the Tender.
3.20.5 KPLC will assume no responsibility whatsoever for the Tenderer’s failure to
comply with or observe the entire contents of this paragraph 3.20.
3.20.6 Any Tender not prepared and signed in accordance with this paragraph may be
rejected by KPLC as non-responsive, pursuant to paragraph 3.26.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
20
3.21 Deadline for Submission of Tenders
3.21.1 Tenders must be received by KPLC by the date and time specified in KPLC’s
tendering portal in PDF form.
3.21.2 KPLC may, at its discretion, extend this deadline for submission of Tenders by
amending the tender documents in accordance with paragraph 3.7, in which case
all rights and obligations of KPLC and the Tenderer previously subject to the
initial deadline, will therefore be subject to the deadline as extended.
3.22 Modification and Withdrawal of Tenders
3.22.1 The Tenderer may modify or withdraw its Tender after it has submitted, provided
that the modification, including substitution or withdrawal of the Tender is
received by KPLC prior to the deadline prescribed for submission of tenders.
3.22.2 No Tender may be modified after the deadline for submission of Tenders.
3.22.3 No Tender may be withdrawn in the interval between the deadline for submission
of tenders and the expiration of the period during which the Tender must remain
valid except where KPLC extends the initial validity period. Any withdrawal of a
Tender during this interval shall result in forfeiture of the Tenderer’s Tender
Security except where KPLC extends the initial validity period.
3.23 Opening of Tenders
3.23.1 KPLC shall open all Tenders promptly at the date and time specified in the KPLC
tendering portal and at the location specified in the Invitation to Tender or as may
otherwise be indicated.
3.23.2 The Tenderer’s names, tender modifications or withdrawals, the presence or
absence of requisite Tender Security and such other details as KPLC, at its
discretion, may consider appropriate, will be announced at the opening.
3.23.3 At the Tender opening, tender prices, discounts, and such other details as KPLC,
at its discretion, may consider appropriate will be read out.
3.23.4 The Tenderers or their representatives may attend the opening and those present
shall sign a register evidencing their attendance.
3.24 Process to be Confidential
3.24.1 After the opening of tenders, information relating to the examination,
clarification, evaluation and comparisons of tenders and recommendations arising
there-from shall not be disclosed to a Tenderer or other person(s) not officially
concerned with such process until conclusion of that process.
3.24.2 Conclusion of that process shall be deemed to have occurred, at the latest, by the
date and time KPLC notifies the successful bidder(s). In any event, official
disclosure by KPLC of any information upon conclusion of that process may only
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
21 be to the unsuccessful bidders and may contain only the information
permissible by law in summary form.
3.24.3 Any effort by a Tenderer to influence KPLC or any of its staff members in the
process of examination, evaluation and comparison of tenders and information or
decisions concerning the Tender may result in the disqualification of the
Tenderer.
3.25 Clarification of Tenders and Contacting KPLC
3.25.1 To assist in the examination, evaluation and comparison of Tenders KPLC may,
at its discretion, ask the Tenderer for a clarification of its Tender. The request for
clarification and the response shall be in writing, and no change in the prices or
substance of the Tender shall be sought, offered, or permitted.
3.25.2 The Tenderer is required to provide timely clarification or substantiation of the
information that is essential for effective evaluation of its qualifications. It is the
responsibility of the Tenderer to provide in writing the clarification or
substantiation which should reach KPLC within five (5) days from the date of
KPLC’s query. Such writing may include by electronic mail, facsimile or postal
mail. Should there be no conclusive response within this period, it shall result in
the Tenderer’s disqualification.
3.25.3 Save as is provided in this paragraph and paragraph 3.22 above, no Tenderer shall
contact KPLC on any matter related to its Tender, from the time of the tender
opening to the time the successful Tenderer is announced.
3.25.4 Any effort by a Tenderer to influence KPLC in its decisions on tender evaluation,
tender comparison, tender recommendation(s) or signing of Agreement may result
in the disqualification of the Tenderer.
3.26 Preliminary Evaluation and Responsiveness
3.26.1 Prior to the detailed Technical and Financial evaluation, KPLC will determine the
substantial responsiveness of each Tender. For purposes of this tender, a
substantially responsive Tender is one that conforms to the requirements of
Preliminary Evaluation. KPLC’s determination of a Tender’s responsiveness is to
be based on the contents of the Tender itself without recourse to extrinsic
evidence.
3.26.2 KPLC will examine the Tenders to determine whether they conform to the
Preliminary Evaluation Criteria set out in Section VI Evaluation Criteria.
3.26.3 Notwithstanding the contents of the foregoing sub-paragraphs, if a Tender is not
substantially responsive, it will be rejected at the earliest stage of evaluation by
KPLC and cannot subsequently be made responsive by the Tenderer by correction
of any non–conformity.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
22
3.27 Minor Deviations, Errors or Oversights
3.27.1 KPLC may waive any minor deviation in a Tender that does not materially depart
from the requirements of the goods and or services set out in the Tender
Document.
3.27.2 Such minor deviation -
3.27.2.1 shall be quantified to the extent possible,
3.27.2.2 shall be taken into account in the evaluation process, and,
3.27.2.3 shall be applied uniformly and consistently to all qualified Tenders duly
received by KPLC.
3.27.3 KPLC may waive errors and oversights that can be corrected without affecting the
substance of the Tender.
3.28 Technical Evaluation and Comparison of Tenders
3.28.1 KPLC will further evaluate and compare the Tenders that have been determined
to be substantially responsive, in compliance to the Details of Services set out in
the Tender Document and as per the prescribed Evaluation Criteria.
3.28.2 The Operational Plan is a critical aspect of the Tender. KPLC requires that the
Services shall be performed at the time specified in the Schedule of
Requirements. KPLC’s evaluation of a tender will also take into account the
Operational Plan proposed in the Tender. Tenderers offering to perform longer
than KPLC’s required delivery time will be treated as non-responsive and
rejected.
3.29 Financial Evaluation
3.29.1 The financial evaluation and comparison shall be as set out in the Summary of
Evaluation Process. The comparison shall be
a) of the price including all costs as well as duties and taxes payable on all
the materials to be used in the provision of the Services.
b) deviations in Payment Schedule from that specified in the Special
Conditions of Contract
3.29.2 Where other currencies are used, KPLC will convert those currencies to the
same currency using the selling exchange rate ruling on the date of tender closing
provided by the Central Bank of Kenya.
3.30 Preferences
3.30.1 Subject to availability and realization of the applicable international or local
standards, only such manufactured articles, materials or supplies wholly mined
and produced in Kenya shall be subject to preferential procurement.
3.30.2 Despite the above provisions, preference shall be given to —
(a) manufactured articles, materials and supplies partially mined or produced in
Kenya or where applicable have been assembled in Kenya; or
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
23
(b) firms where Kenyans are shareholders.
3.30.3 The threshold for the provision under 3.30.2 (b) shall be above fifty-one percent
of Kenyan shareholders.
3.30.1 In the evaluation of tenders, exclusive preference shall firstly be given to citizen
contractors where the amount of the tender as evaluated is below Ksh. 500
Million in respect of works, goods and services.
3.30.2 Where a person is entitled to more than one preference scheme, the scheme with
the highest advantage to the person shall be applied.
3.30.3 For purposes of this paragraph the Tenderer shall submit with its Tender, a valid
copy of certificate of Confirmation of Directorships and Shareholding issued and
signed by either the Registrar of Companies or Registrar of Business Names. This
certificate must not be more than three (3) months old from the Date of the
Tender Document. Kenya Power reserves the right to subject the certificate to
authentication.
3.31 Debarment of a Tenderer
A Tenderer who gives false information in the Tender about its qualification or
who refuses to enter into a contract after notification of contract award shall be
considered for debarment from participating in future public procurement.
3.32 Confirmation of Qualification for Award
3.32.1 KPLC may confirm to its satisfaction whether the Tenderer that is selected as
having submitted the lowest evaluated responsive tender is qualified to perform
the contract satisfactorily.
3.32.2 The confirmation will take into account the Tenderer’s financial, technical, and
performance capabilities. It will be based upon an examination of the
documentary evidence of the Tenderer’s qualifications submitted by the
Tenderer, pursuant to paragraph 3.13 as well as confirmation of such other
information as KPLC deems necessary and appropriate. This may include
factory, office and other facilities inspection and audits.
3.32.3 An affirmative confirmation will be a prerequisite for award of the contract to
the Tenderer. A negative confirmation will result in rejection of the Tenderer’s
Tender, in which event KPLC will proceed to the next lowest evaluated
responsive tender to make a similar confirmation of that Tenderer’s capabilities
to perform satisfactorily.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
24 3.33 Award of Contract
3.33.1 KPLC will award the contract to the successful Tenderer whose Tender has been
determined to be substantially responsive, compliant with the evaluation criteria
and has been determined to be the lowest evaluated tender, and further, where
deemed necessary, that the Tenderer is confirmed to be qualified to perform the
contract satisfactorily.
3.33.2 Award will be done as indicated in the Appendix to Instructions to Tenderers.
3.34 Termination of Procurement Proceedings
3.34.1 KPLC may at any time terminate procurement proceedings before contract award
and shall not be liable to any person for the termination.
3.34.2 KPLC shall give prompt notice of the termination to the Tenderers, and, on
request from any Tenderer, give its reasons for termination within fourteen (14)
days of such request.
3.35 Notification of Award
3.35.1 Prior to the expiration of the period of tender validity, KPLC shall notify the
successful Tenderer in writing that its Tender has been accepted.
3.35.2 The notification of award shall not constitute the formation of the contract until
one is finally signed by both parties.
3.35.3 Simultaneously, and without prejudice to the contents of paragraph 3.25, on
issuance of Notification of Award to the successful Tenderer, KPLC shall notify
each unsuccessful Tenderer.
3.38.4 A notification of the tender outcome does not reduce the validity period for any
tender security whether the Tenderer is successful or not, except where such
tender security is officially released to the Bank and/or the Tenderer and such
Bank discharged of all its obligations by KPLC prior to the expiry of its stated
validity period.
3.36 Signing of Contract
3.36.1 At the same time as KPLC notifies the successful Tenderer that its Tender has
been accepted, KPLC will send the Tenderer the Contract Agreement provided in
the Tender Document together with any other necessary documents incorporating
all agreements between the Parties.
3.36.2 Within fourteen (14) days of the date of notification of award, the successful
Tenderer shall only sign the Contract Form and all the documents specified in that
Form and return them to KPLC within that period of fourteen (14) days.
3.36.3 KPLC shall sign and date the Contract in the period between not earlier than
fourteen (14) days from the date of notification of contract award. Further, KPLC
shall not sign the contract until and unless the authentic performance security is
received in accordance with paragraph 3.36.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
25 3.36.4 Failure of the successful Tenderer to sign the Contract, the award shall be
annulled and its tender security forfeited in which event KPLC shall notify the
next lowest evaluated Tenderer that its Tender has been accepted.
3.36.5 Paragraph 3.33 together with the provisions of this paragraph 3.35 will apply with
necessary modifications with respect to the Tenderer notified under sub-paragraph
3.35.3.
3.37 Performance Security
3.37.1 Within fourteen (14) days of the date of notification of award from KPLC, the
successful Tenderer shall furnish KPLC with a Performance Security which shall
be either one or a combination of the following:
a) an original Bank Guarantee that is strictly in the form and content as
prescribed in the Performance Security Form (Bank Guarantee) in the
Tender Document.
b) For Local bidders, Standby Letters of Credit (LC). All costs, expenses and
charges levied by all banks party to the LC shall be prepaid/borne by the
Tenderer. The LC must contain all the mandatory conditions of payment
to KPLC as prescribed in the Tender Security (Letters of Credit) provided
in the Tender Document.
c) For Foreign bidders, Standby Letters of Credit (LC) confirmed by a bank
in Kenya. All costs, expenses and charges levied by all banks party to the
LC including confirmation charges shall be prepaid/borne by the Tenderer.
The LC must contain all the mandatory conditions of payment to KPLC as
prescribed in the Tender Security (Letters of Credit) provided in the
Tender Document.
3. 37.2 The Performance Security shall be issued by a commercial bank licensed by the
Central Bank of Kenya. The bank must be located in Kenya.
3. 37.3 The Performance Security shall be the sum of ten percent (10%) of the contract
value. It shall be in the currency of the contract price.
3. 37.4 KPLC shall seek authentication of the Performance Security from the issuing
bank. It is the responsibility of the successful Tenderer to sensitize its issuing
bank on the need to respond directly and expeditiously to queries from KPLC.
The period for response shall not exceed three (3) days from the date of KPLC’s
query. Should there be no conclusive response by the Bank within this period,
such successful Tenderer’s Performance Security may be deemed as invalid.
3. 37.5 Failure of the successful Tenderer to furnish an authentic Performance Security,
the award shall be annulled and the Tender Security forfeited, in which event
KPLC may notify the next lowest evaluated Tenderer that its Tender has been
accepted.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
26 3. 37.6 Paragraph 3.35, 3.36 together with the provisions of this paragraph 3. 37 will
apply with necessary modifications, and as far as circumstances permit, with
respect to the Tenderer notified under sub-paragraph 3.37.5.
3.38 Corrupt or Fraudulent Practices
3.38.1 KPLC requires that Tenderers observe the highest standard of ethics during the
procurement process and execution of contracts. When used in the present
Regulations, the following terms are defined as follows: -
a) “Corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of public official in the
procurement process or in contract execution;
b) “Fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of KPLC, and includes collusive practice among Tenderers
(prior to or after Tender submission) designed to establish tender prices at
artificial non-competitive levels and to deprive KPLC of the benefits of
free and open competition.
3. 38.2 KPLC will nullify its notification of award if it determines that the Tenderer
recommended has engaged in corrupt or fraudulent practices in competing for the
contract in question.
3. 38.3 Further, a Tenderer who is found to have indulged in corrupt or fraudulent
practices risks being debarred from participating in public procurement in Kenya.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
27
APPENDIX TO INSTRUCTIONS TO TENDERERS
The following information regarding the particulars of the tender shall complement and or
amend the provisions of the Instructions to Tenderers hereinafter abbreviated as ITT.
Wherever there is a conflict between the provisions of the ITT and the Appendix, the
provisions of the Appendix herein shall prevail over those of the ITT.
No ITT Reference Clause Particulars of Appendix
1. 3.2.1 Eligible
Tenderers
Tender is open to all local cleaning service providers who are
citizens of Kenya.
2. 3.16(f) – List of
Previous Customers
The Tenderer shall submit at least four (4) names with full contact
including telephone, email and physical addresses of previous
clients of similar services and letters from the previous clients
confirming satisfactory completion of the contracts and on schedule
3. 3.17 Tender Form 1) The Tenderer shall complete and sign the Tender Form and all
other documents furnished in the Tender Document.
4. 3.19 Tender
Currencies
The currency of the tender shall be in Kenya shillings.
5. 3.20 Documents of
evidence of eligibility
and qualification
Confidential Business questionnaire, copy of VAT Registration
Certificate, Copy of PIN Registration certificate, KRA Tax
Compliance certificate.
6. 3.24 Tender security Bidders will be required to provide a tender security of Kshs.
100,000.00 (Tender security should be valid for Two Hundred and
Ten (210) days.
7. 3.25 Validity of
Tenders
The Tender Validity shall be One Hundred and Eighty (180) days
from the date of tender opening.
8. 3.27 Number of sets of
and Tender format
There will be only one document submitted on the E-Procurement
portal
9. 3.28 Preparation and
signing of the Tender
There will be only one document submitted on the E-Procurement
portal. Bidders shall ensure that they upload all the required
documents into the portal
10. 3.32 Opening of
Tender
The tender shall be opened electronically at Stima Plaza
Auditorium on 30th, December 2020 at 10.30 a.m and bidders are
encouraged to participate.
11. 3.33 Award of The award shall be to the lowest evaluated bidder
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
28
contract Per premise/depot at the market price.
12. 3.4.3 Capability of the
firm to provide the
service
The firm will demonstrate ability to provide cleaning services in the
stated premise/depot companywide by confirming in the schedule of
activities. Indicate YES or NO.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
29
SECTION IV - SCHEDULE OF REQUIREMENTS
PART A: BRIEF DELIVERY OF SERVICE
Brief details of offices and depots space to be cleaned are attached as appendix I in the KPLC Portal.
The contract is for a period of two (2) years beginning 1st May 2021 to 30th April 2023.
Part B - Brief Schedule of Services Required
Tender No. KP1/9A.2/OT/21/ADM/20-21 For Provision of Cleaning Services
Companywide Lot I.
The specific assignments for worker’s deployment are as tabulated below: -
NO LOT ONE ASSIGNMENTS NO. OF WORKERS
NAIROBI REGION
1 ELECTRICITY HOUSE 35
(i) Common Areas
(ii) Offices
TOTAL AMOUNT FOR ELECTRICITY
HOUSE
2 RUARAKA COMPLEX 12
3 JUJA CONTROL 8
4 NAIROBI SOUTH 12
5 NAIROBI WEST DEPOT 5
6 RAGATI 5
7 ROYSAMBU 12
WESTERN KENYA
1 ELECTRICITY HOUSE AND KENSHOP 16
2 KAKAMEGA OFFICE 5
MT KENYA
1 STIMA HOUSE NYERI 6
2 DIANA CENTRE 3
NORTH RIFT
1 KVDA PLAZA 6
2 ELDORET DEPOT & STAFF QUARTERS 6
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
30
NO LOT ONE ASSIGNMENTS NO. OF WORKERS
CENTRAL RIFT
1 ELECTRICITY HOUSE NAKURU 9
COAST
1 ELECTRICITY HOUSE MOMBASA 15
(i) Common Areas
(ii) Offices
TOTAL AMOUNT FOR E/H MOMBASA
2 MBARAKI 10
NORTH EASTERN
1 THIKA ARCADE 9
CENTRAL OFFICE
1 STIMA PLAZA 35
(i)Common Areas
(ii)Offices
TOTAL AMOUNT FOR STIMA PLAZA
2 STIMA CLUB 15
3 IESR(KENYA POWERS INTERNATIONAL
(RUARAKA)
25
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
31
SECTION V - PRICE SCHEDULE FOR PROVISION OF CLEANING SERVICES
LOT I
NO LOT ONE ASSIGNMENTS NO. OF
WORKERS
RATE (KSH)
PER MONTH
VAT
INCLUSIVE
TOTAL
AMOUNT (KSH)
FOR TWO
YEARS (VAT
INCLUSIVE)
NAIROBI REGION
1 ELECTRICITY HOUSE 35
(iii)Common Areas
(iv) Offices
TOTAL AMOUNT FOR ELECTRICITY HOUSE
2 RUARAKA COMPLEX 12
3 JUJA CONTROL 8
4 NAIROBI SOUTH 12
5 NAIROBI WEST DEPOT 5
6 RAGATI 5
7 ROYSAMBU 12
WESTERN KENYA 1 ELECTRICITY HOUSE AND KENSHOP 16
2 KAKAMEGA OFFICE 5
MT. KENYA
1 STIMA HOUSE NYERI 6
2 DIANA CENTRE 3
NORTH RIFT
1 KVDA 6
2 ELDORET DEPOT & STAFF QUARTERS 6
CENTRAL RIFT
1 ELECTRICITY HOUSE NAKURU 9
COAST
1 ELECTRICITY HOUSE MOMBASA 15
(iii)Common Areas
(iv) Offices
TOTAL AMOUNT FOR E/H MOMBASA
2 MBARAKI 10
NORTH EASTERN
1 THIKA ARCADE 9
CENTRAL OFFICE
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
32
NO LOT ONE ASSIGNMENTS NO. OF
WORKERS
RATE (KSH)
PER MONTH
VAT
INCLUSIVE
TOTAL
AMOUNT (KSH)
FOR TWO
YEARS (VAT
INCLUSIVE)
1 STIMA PLAZA 35
(i)Common Areas
(ii)Offices
TOTAL AMOUNT FOR STIMA PLAZA
1 STIMA CLUB 15
1 IESR(KENYA POWERS INTERNATIONAL (RUARAKA)
25
NOTE:
Bidders are advised to refer to the labor laws on wages and salaries for cleaners and also
refer to the PPRA price index when quoting for the services to avoid over quoting and
underquoting of prices.
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
33
FORM OF TENDER
Date:
Tender Number and Name:
To:
The Kenya Power & Lighting Company Limited,
Stima Plaza,
Kolobot Road, Parklands,
P.O Box 30099 – 00100,
Nairobi, Kenya.
Dear Sirs and Madams,
Having read, examined and understood the Tender Document including all Addenda,
receipt of which we hereby acknowledge, we, the undersigned Tenderer, offer to provide
……………………(insert services description) for the sum of………………………(total
tender price in words and figures) or such other sums as may be ascertained in
accordance with the schedule of prices inserted by me/ us above.
Name of Tenderer
_____________________
Name and Designation of authorized person signing the Tender
___________________________________
Signature of authorized person signing the Tender
__________________________________
Stamp of Tenderer
TENDER DOCUMENT FOR CLEANING SERVICES LOT I – BY AND FOR THE KENYA
POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
34
SECTION VI - EVALUATION CRITERIA
Evaluation of duly submitted tenders will be conducted along the following stages: -
6.1 Part 1 - Preliminary Evaluation Under Paragraph 3.28 of the ITT. These are
mandatory requirements. This shall include confirmation of the following: -
6.1.1 Submission of Tender Security - Checking its validity, whether it is Original;
whether it is sufficient; whether its authentic; whether its issued by a local
bank/institution; whether it is in the format required in accordance with the
sample Tender Security Form(s).
6.1.2 Submission and considering the following: -
a) Company or Firm’s Registration Certificate
b) PIN Certificate.
c) Valid Tax Compliance Certificate.
d) Copy/copies of single business permit.
e) Evidence of availability of office e.g. copy of Title Deed or
Lease agreement.
f) Valid NHIF
g) Valid NSSF
h) Ministry of Labour Clearance
i) Nema Certificate for garbage collection which must be valid.
6.1.3 Submission and considering of relevant and valid insurance covers for
a). Work injury benefits Policy
b). Contractual liability insurance policy
6.1.4 Declaration Form(s) duly completed and signed.
6.1.5 Tender Form duly completed and signed.
6.1.6 That the Tender is valid for the period required eg 180 days.
6.1.7 The Confidential Business Questionnaire and considering whether: -
a) is fully filled.
b) details correspond to the related information in the bid.
c) the Tenderer is not ineligible as per paragraph 3.2 of the ITT.
6.1.8 Submission of Audited Financial Statements including the auditors practicing
license number. The audited financial statements required must be those that are
reported within eighteen (18) calendar months of the date of the tender document.
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6.1.9 Submission of the Certificate of Confirmation of Directors (CR12)
6.1.10 Submission of dully signed and stamped Site visit forms for every site quoted for
(SECTION XIV) found at the last page of the tender document should be submitted
with tender documents.
6.1.11 Submission of the following-
a) Commentary of Compliance to the Details of Service (please
indicate YES /NO).
6.1.12 Record of unsatisfactory or default in performance obligations in any contract
shall be considered. Contracts breaches, letters written for poor performance in the
various regions for the last two years shall be used to disqualify the bidder. (KPLC
records/letters will be used to verify).
6.1.13 Provide evidence that staff are provided with uniforms and protective gear for all
assignments. Minimum requirement is 2(two).
6.1.14 Notwithstanding the above, considering any outstanding orders/Supplier
Performance Review Scheme (SPRS) where applicable and the production
capacity indicated by the Tenderer.
Tenders will proceed to the Technical Evaluation Stage only if they qualify in
compliance with Part 1 above, Preliminary Evaluation under Paragraph 3.28.
6.2 Part II – Technical Evaluation and Comparison of Tenders Under
Paragraph 3.30 of the ITT. These are mandatory requirements.
6.2.1 Verification of the following information:
a) (i.) Commentary of Compliance to the Details of Service (page 85).
(ii.) site visit forms signed and stamped by KPLC staff. (Please agree
with contact person in each premise/depot for site visits).
6.2.2 Detailed Evaluation
6.2.2.1 This shall be the scoring criteria.
6.2.2.2 Evaluation of Demonstration of ability of the offered service, to comply with the
Details of Service (where required).
6.2.2.3 Identifying and determining any deviation(s) from the requirements; errors and
oversights.
6.2.2.4 Confirmation of compliance of previous contract(s) in accordance with its/ their
terms and conditions where applicable.
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36 6.2.3 Considering the audited financial statements required must be those that are
reported within eighteen (18) calendar months of the date of the tender document
including confirming the auditors practicing number.
The following criteria will be used in the evaluation of all potential suppliers. The
documents and information submitted will be evaluated for suitability and awarded marks
which will contribute to a maximum 100% of the total tender evaluation.
Bidders who score less than 80 marks shall not be considered for further financial evaluation and shall be considered to have failed to meet the cut off
(80%) Marks.
Description of Criteria Maximum
Score
Company Profile Suitability of Service Provider 60
Personnel Competency profile 40
Total Score 100
TECHNICAL EVALUATION
Item Requirement Total
Marks(100)
1 Company profile
a Number of years that the firm has been providing
cleaning services.
a. more than 10 years – (10 marks) b. Between 5 and 10 years – (5 marks)
below 5years – (3 marks)
Copy of Certificate
of incorporation
10
b Capacity of bidder to handle Lot I assignments.
Each letter (6 Marks)
Provide copies of 5
(five) contracts of
Ksh. 500,000 each
per month for the
last 3 years other
than KPLC.
30
c Demonstration with relevant documentation
(certified payroll) that wage for cleaners meets the
gazette government minimum wage guidelines.
Attach certified
payroll
5
d Provide with relevant evidence that the company
has equipmens,tools and machines for use during
cleaning throughout the contract for all the
premises.
Attach documentary
evidence of
ownership of
cleaning
5
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Item Requirement Total
Marks(100)
equipment’s
e Provide with relevant evidence of paying
allowance e.g house allowance, overtime, leave,
etc) paid to the cleaners on monthly basis
Attach copy of
cleaners salary
structure/pay slip
10
Total 60
2 Personnel Competency Profiles
a Provide a detailed operational plan for 6 months
(this to include staffing required to undertake
particular tasks, sequences and frequency of events
and tools necessary to carry out tasks)
(Attach
Organizational
Chart)
10
b Provide valid evidence of availability and
appropriate qualification of key personnel.
a) Operations Manager in House Keeping
Management
Graduate level - 5 marks
Diploma - 3marks
b) Cleaning Supervisor
Graduate level - 5 marks
Diploma - 3 marks
c) Letter from employer to confirm that the above
staffs shall be available for the assignment (2 mark
for each)
d) Letter from employee to confirm they shall be
available for the assignment(2 mark for each)
Copies of certificates
for a&b and letters as
requested in c and d.
20
c Provide evidence that your workers are provided
with written assignments instructions/delegation of
authority and responsibilities. – (5 marks)
provide one
delegation of
authority letter.
5
d Supervision of workers. Provide evidence to show
frequency of supervision per 12 hours shift,
(3Checks)
Provide fully filled
wash room check
list.
5
Total 40
Grand total 100 Marks
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POWER & LIGHTING COMPANY LIMITED – 6th EDITION AUGUST 2016
38 6.3 Part III – Financial Evaluation Criteria Under Paragraph 3.31 of the
ITT. These are mandatory requirements.
6.3.1 This will include the following: -
a) Confirmation of and considering Price Schedule duly completed and
signed.
b) Checking that the Tenderer has quoted prices based on all costs including
duties and taxes.
c) Confirming the bidders have quoted in Kenya Shillings.
d) Taking into account the cost of any deviation(s) from the tender
requirements,
e) Considering information submitted in the Confidential Business
Questionnaire against other information in the bid
including: -
a) Declared maximum value of business
b) Shareholding and citizenship for preferences where applicable.
f) Apply Exclusive margin of preference, where applicable as per Clause
3.32 of the tender document.
6.3.2 Confirming the following: -
6.3.2.1 that the Supplier’s offered Delivery Schedule meets KPLC’s requirements.
6.3.2.2 that the Supplier’s offered Terms of Payment meets KPLC’s requirements.
6.4 The Successful Tenderer shall be the one with the lowest evaluated price.
*NOTES: -
1. For purposes of evaluation, the exchange rate to be used for currency conversion
shall be the selling exchange rate prevailing on the date of tender closing provided
by the Central Bank of Kenya. (Visit the Central Bank of Kenya website).
2. Total tender value means the Tenderer’s total tender price inclusive of Value
Added Tax (V.A.T) for the services it offers to provide.
3. For companies or firms that are registered or incorporated within the last one
calendar year of the Date of the Tender Document, they should submit certified
copies of bank statements covering a period of at least six months prior to the date
of the tender document. The copies should be certified by the Bank issuing the
statements. The certification should be original.
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TABLE OF CLAUSES ON GENERAL CONDITIONS OF CONTRACT
Clause No. Headings Page No.
7.1 Definitions……..…………………………………………………….40
7.2 Application…. ………………………………………………………41
7.3 Standards…………………………………………………………….41
7.4 Supplier Performance Rating Scheme ………………………………41
7.5 Use of Contract Documents and Information ……………………….41
7.6 Patent Rights ………………..……………………………………….42
7.7 Performance Securtiy…………………………………………………42
7.8 Inspections and Tests…………………………………………………42
7.9 Packaging and Labelling ……………………………………………..43
7.10 Delivery and Documents for Materials/ Equipment………………….43
7.11 Insurance ……..………………………………………………………43
7.12 Payment……………………………… ………………………………45
7.13 Interest…………………………………………………………………45
7.14 Prices…………………………………………………………………..46
7.15 Variation of Contract……………………………………….................46
7.16 Assignment…..………………………………………………………..46
7.17 Sub-Contracts……..…………………………………………………..46
7.18 Termination of Contract………....……………………………………46
7.19 Liquidated Damages…………..………………………………………47
7.20 Warranty………………………………………………………………47
7.21 Resolution of Disputes ……………..………………………………...48
7.22 Language and Law……………………..……………………………..48
7.23 Waiver………………..………………………………………………48
7.24 Force Majeure………………………………………………………..48
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SECTION VII – GENERAL CONDITIONS OF CONTRACT
The General Conditions of Contract hereinafter referred abbreviated as the GCC shall
form part of the Conditions of Contract in accordance with the law and KPLC’s
guidelines, practices, procedures and working circumstances. The provisions in the GCC
will apply unless an alternative solution or amendment is made under other parts of the
Contract including the Special Conditions of Contract.
7.1 Definitions
In this contract, the following terms shall be interpreted as follows: -
a) “Day” means calendar day and “month” means calendar month.
b) “The Contract” means the agreements entered into between KPLC and
the Contractor, as recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein.
c) “The Contract Price” means the price payable to the Contractor under
the contract for the full and proper performance of its contractual
obligations.
d) “The Services” means services or art thereof to be provided by the
Contractor and includes all of the materials and incidentals, which the
Contractor is required to perform and provide to KPLC under the
contract.
e) “The Procuring Entity” means The Kenya Power and Lighting Company
Limited or its successor(s) and assign(s) where the context so admits
(hereinafter abbreviated as KPLC).
f) “The Contractor” means the individual or firm providing the services
under this contract or his/ her/ its permitted heir(s), personal
representative(s), successor(s) or permitted assign(s) where the context so
admits. For the avoidance of doubt this shall mean the successful
Tenderer(s) pursuant to the tender.
g) Wherever used in the contract, “performance” shall be complete or be
deemed to be complete, unless the circumstances indicate otherwise, when
the services have been performed in accordance with the Contract and
where KPLC does not signify its approval to the Contractor, but without
giving notice of dissatisfaction, on the expiration of thirty (30) days from
date of documented completion of performance of the service.
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h) Supplier Rating Performance Scheme (SPRS) means the continuous
evaluation of the Supplier’s performance of the contract based on the
parameters of timely delivery, quality of service, frequency of
communication, timely response, innovation, dispute resolution.
7.2 Application
These General Conditions shall apply to the extent that provisions of other parts
of the contract do not supersede them.
7.3 Standards
The Services supplied under this contract shall conform to the standards
mentioned in the Details of Service.
7.4 Supplier Performance Rating Scheme
7.4.1 KPLC shall use a Supplier Performance Rating Scheme (SPRS) to measure the
annual performance of the Supplier’s obligations and its conduct of the contract.
7.4.2 The Scheme will be updated periodically commencing with the date of execution
of the contract by both parties. KPLC shall provide the Supplier with a copy of
the SPRS report.
7.4.3 KPLC shall consider the Supplier’s overall performance at the end of the
performance period.
7.4.4 At the request of either party, the parties shall discuss and conclude deliberations
on the annual SPRS report. At any such meetings and/or for the purposes of the
deliberations, KPLC Supply Chain – Procurement Department shall appoint the
Chairperson as well as the Secretariat.
7.4.5 The SPRS measures shall be according to Supplier Performance Rating Form in
Section XXVI
7.4.6 A KP1, KP2 & KP3 assessment of the Supplier on the SPRS will be a
consideration for continued engagement between the parties in the subsequent
year. A KP4 assessment of the Supplier shall be a termination event.
7.5 Use of Contract Documents and Information
7.5.1 The Contractor shall not, without KPLC’s prior written consent, disclose the
contract, or any provision thereof or any specification, plan, drawing, pattern,
sample, or information furnished by or on behalf of KPLC in connection
therewith, to any person other than a person employed by the Contractor in the
performance of the contract.
7.5.2 The Contractor shall not, without KPLC’s prior written consent, make use of any
document or information enumerated in clause 7.5.1 above.
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42 7.5.3 Any document, other than the contract itself, enumerated in clause 7.5.1
shall remain the property of KPLC and shall be returned (including all copies) to
KPLC on completion of the Contractor’s performance under the contract if so
required by KPLC.
7.6 Patent Rights
The Contractor shall indemnify KPLC against all third-party claims o